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1982-10-04 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL MINUTES OF A REGULAR MEETING OCTOBER 4, 1982 7:30 P.M. COUNCIL CHAMBER POLICE BUILDING The following members of the City Council were present: Mayor John Dodd Mayor Pro Tem Carol Dingman Council Members David Blair Fred Johnson Bill Glancy Herb Weidinger The following members of the City Administration were present: City Manager Paul M. West City Secretary J. W. Wade City Attorney John Boyle Recording Secretary Ruth Ann Parish Mayor Dodd called the City Council meeting of October 4, 1982 to order at 7:30 P.M. The meeting was televised. AGENDA ITEM NO. A.1-INVOCATION. Councilman Fred Johnson gave the invocation. AGENDA ITEM NO. B.1-PRESENTATION OF SERVICE AWARDS. Mayor Dodd presented Lee Wayne Darnell, "Cochise" Darnell of the Public Works Department', a 25 year service award. Mayor Dodd presented Donald Webster, of the Fire Department, a 15 year service award. Mayor Dodd presented Roger Black, of the Fire Department, a 15 year service award. Vol. 38, Page 1. AGENDA ITEM NO. B.2-PRESENTATION OF CERTIFICATE OF APPRECIATION TO JUDGE BILL LONG. Mayor Dodd presented a Certificate of Appreciation to Judge Bill Long, Justice of the Peace, Precint 2, Place 2, recognizing the valuable service he has provided to the City of Farmers Branch. MAYOR DODD PRESENTED CERTIFICATES OF APPRECIATION TO MEMBERS OF THE OLD FARMERS BRANCH STUDY COMMITTEE. Mayor Dodd recognized Mark Seiley, Chairman of the Old Farmers Branch Study Committee. Mr. Seiley introduced Committee members Lorraine Skamfer, Lorraine Blair, Fritz New, Steve Beckham, Wayne Clayeomb, and Norm Long. Mr. Seiley stated Inez Good, Jerry Easom and Nita Cox were also Committee members but were not in attendance. Mayor Dodd presented Certificates of Appreciation to the members of the Old Farmers Branch Study Committee. AGENDA ITEM NO. B.3-PRESENTATION OF BOARD APPLICATIONS. Mayor Dodd explained that this item is placed on the agenda to give citizens an opportunity to present applications to the Council for serving on any of the various advisory boards. Pauline Dennis, 12637 Epps Field, presented an application to the Council desiring to serve on the Drainage Study Committee. Quinton Johnson, 14421 Southern Pines Ct., presented an application to the Council desiring to serve on the Drainage Study Committee. Jay Rosen, 3216 Brookhaven Club Drive, presented an application to the Council desiring to serve on the Drainage Study Committee. Rob Hudson, 2747 Rollingdale, presented an application to the Council desiring to serve on the Zoning Board of Adjustments and Building Code Board of Appeals. Bill Holmes, 2600 Mt. View, presented an application to the Council desiring to serve on the Drainage Study Committe. Margaret' Young, 3412 Highland Meadow, presented an application to the Council desiring to serve on the Park and Recreation Board. AGENDA ITEM NO. B.3-CONSENT ITEMS. Mayor Dodd explained that under the title of consent items are items that are to be considered and action taken that may not need discussion individually. Any member of the Council or member of the Vol. 38, Page 2. audience may request to withdraw any item from the consent items and place the item before the Council for full discussion. The concept for the consent items is being established in order to speed up discussion for those items that need more time for discussion. Councilwoman Dingman asked that Consent Items 4.g and 4.j be removed from the Consent Items list. The request was granted. Councilman Johnson made a motion, Councilman Blair seconding, all voting "aye", that the following consent items be approved with Items 4.g and 4.j being removed. a. Approved the minutes of the September 13, 1982 regular meeting. b. Approved the request by Sysco Foods Systems, Inc. for final plat approval of Sysco First Addition, Tracts A & B. C. Approved the request by Jackson-Shaw for final plat approval of Westwood Park. d. Approved the Fourth Quarter Payment to the Dallas County Appraisal District and be paid under protest in the amount of $14,555.00. e. Approved the following captioned Ordinance No. 1406, aban- doning a portion of Keenan Bridge Road: "An Ordinance Of The City Of Farmers Branch, Texas, Abandoning A Portion Of Keenan Bridge Road Which Is No Longer Needed Or Necessary For Public Street Purposes; Providing That Such Abandonment Shall Be In Favor Of The Owner Of The Abutting Properties; Providing That Such Abandonment Shall Be Insofar As Applicable To The Public Right, Title And Interest That Such Abandonment Shall Not In Any Way Affect The Right Of Any Public Utility Located In Such Roadway; And Declaring An Emergency." f. Approved the following captioned Ordinance No. 1408, aba- doning a portion of Amsterdam Road and Morningstar Lane: "An Ordinance Of The City Of Farmers Branch, Texas, Abandoning A Portion Of Amsterdam Road And A Portion Of Morningstar Lane Which Are No Longer Needed Or Necessary For Public Street Purposes; Providing That Such Abandonment Shall Be In Favor Of The Owner Of The Abutting Properties; Providing That Such Abandonment Shall Be Insofar As Applicable To The Public Right, Title And Interest In Such Roadway For Street Purposes Only; Providing That Such Abandonment Shall Not In Any Way Affect The Right Of Any Public Utility Located In Such Roadway; And Declaring An Emergency." Vol. 38, Page 3. h. Authorized the advertisement for bids for chemicals and fertilizers for the Parks Division. i. Authorized the advertisement for bids for a riding mower with trailer for the Parks Division. AGENDA ITEM NO. B.4.g-CONSIDER AWARDING BID FOR RECONSTRUCTION OF A PORTION OF BIRCHLAWN DRIVE AND TAKE APPROPRIATE ACTION. Mayor Dodd opened the discussion with the following information from an Administrative memo. The City of Farmers Branch has requested bids on Birchlawn reconstruction from Longmeade to Amber. Six bid packets were mailed by registered letter and six receipts of acceptance were returned. Four bids on the project were submitted. The lowest bid was submitted by Glen Thurman, Inc. in the amount of $85,967.00 and a 65 working day period. There was discussion concerning the policy of not placing under Consent Items any expenditure over $50,000. Councilwoman Dingman made a motion to award the bid for the recon- struction of a portion of Birchlawn Drive to Glen Thurman, Inc. in the amount of $85,967.00. Councilman Blair seconded the motion and all voted "aye". The motion carried unanimously. ITEM N0. B.4.j-CONSIDER AUTHORIZING THE ADVERTISEMENT FOR BIDS FOR REPLACEMENT EQUIPMENT FOR VARIOUS DIVISIONS AND TAKE APPROPRIATE ACTION. Mayor Dodd opened the discussion by giving the following information from an Administrative memo. The 1982-83 Budget includes the replace- ment of several units of heavy equipment and trucks for various Divisions. The Staff requests permission to advertise for bids for the purchase of these replacement units. There was discussion among Council concerning the request for justifi- cation of the replacement equipment and the request for more infor- mation as to how the equipment is used, how old the equipment is and how many other like pieces of equipment the City has. Councilman Blair made a motion to authorize the advertisement for bids for replacement equipment for various divisions and the Council be furnished with back-up information on the equipment. Councilman Weidinger seconded the motion with all members voting "aye". The motion carried unanimously. AGENDA ITEM NO. C.1-DISCUSS TRAFFIC SITUATION ON BROOKHAVEN CLUB DRIVE. fl J Vol. 38, Page 4. Mayor Dodd opened the discussion by giving the following information from an Administrative memo. This item was placed on the agenda at the request of Mrs. Garald Hayslip, of 3212 Brookhaven Club Drive. Mrs. Hayslip stated that she and her neighbors have some recommen- dations that they want to present to the City Council. Mrs. Hayslip or one of her neighbors will make a presentation to the Council. Mayor Dodd recognized Col. Edward Oaks, 3232 Brookhaven Club Drive. Mr. Oaks presented the the following problems of traffic on Brookhaven Club Drive: 1. Seven to 10 vehicles per minute have been counted on Brookhaven Club Drive. 2. There exists a noise problem. 3. There exists a speed problem which has lead to property damage. 4. There is a need for additional speed limit signs. 5. The stop sign is helping but not fully doing the job. 6. There is a need for more enforcement from the Police Department on the speeding problem. 7. There is a need for "no traffic traffic" area on Brookhaven Club Drive. Mayor Dodd requested a show of hands from the audience agreeing with Col. Oaks presentation. There were 14 raised hands. There was discussion among the Council as to adding a "Dangerous Curve" sign, lowering the speed limit, stricter enforcement of speeding and prohibiting truck traffic. Councilman Weidinger made a motion to instruct the staff to look into the traffic situation on Brookhaven Club Drive and bring back before the Council at the November 1, 1982 Council meeting a recommendation to lower the noise, lower the speed limit and provide for no through truck traffic and any other suggestions the Staff might have to help traffic problems. Councilman Johnson seconded the motion with an amendment that appropriate signs be installed immediately. The amend- ment was accepted with all members voting "aye". The motion carried unanimously. ITEM NO. C.2-PUBLIC HEARING: CONSIDER AMENDING THE ZONING ON A TRACT OF LAND BOUNDED BY LBJ FREEWAY ON THE SOUTH SIDE; SIMONTON ROAD ON THE NORTH SIDE; MIDWAY ROAD ON THE WEST SIDE; AND INWOOD ROAD ON THE EAST SIDE FROM ITS CURRENT ZONING OF (LI) TO A PLANNED DEVELOPMENT ZONING DISTRICT AND ANY OTHER DISTRICT WHICH IS MORE RESTRICTIVE BY REASON OF LAND USE AND HEIGHT AND TAKE APPROPRIATE ACTION. Vol. 38, Page 5. Mayor Dodd opened the public hearing with the following information from an Administrative memo. On September 20, 1982, the Planning and Zoning Commission continued this public hearing until the traffic study of Farmers Branch could be completed. The public hearing proce- dure requires that the Planning and Zoning Commission make a recommen- dation to the City Council before any action can be taken by the Council. Councilman Johnson made a motion to continue the item until the October 18, 1982 Council meeting. Councilman Weidinger seconded the motion with all members voting "aye". The motion carried unanimously. ITEM NO. C.3-PUBLIC HEARING: CONSIDER REQUEST TO CHANGE THE ZONING ON A 6.809 ACRE TRACT OF LAND AND A 2.174 ACRE TRACT OF LAND FROM ITS CURRENT ZONING OF LIGHT INDUSTRIAL TO A PLANNED DEVELOPMENT ZONING DISTRICT AND ANY OTHER DISTRICT WHICH IS MORE RESTRICTIVE BY REASON OF LAND USE AND HEIGHT. REQUESTED BY SUMMERS-WILLIAMS INVESTEMENTS, INC. FOR THE PROPERTY LOCATED AT 13555 AND 13595 INWOOD ROAD IN A LIGHT INDUSTIAL ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Dodd opened the public hearing with the following information from an Administrative memo. The applicant failed to follow the public hearing procedures.. A sign advertising the public hearing was not placed on the property ten (10) days prior to the hearing date as required by the City's Zoning Ordinance. The public hearings have been rescheduled for the October 11, 1982 Planning and Zoning Commission meeting and the October 18, 1982 City Council meeting. The City Staff will readvertise the public hearings. No action is required at this time. ITEM NO. C.4-PUBLIC HEARING: CONSIDER REQUEST TO AMEND THE ZONING ON A .5 ACRE TRACT OF LAND LOCATED ON THE SOUTH SIDE OF VALLEY VIEW LANE WEST OF MIDWAY ROAD FROM ITS CURRENT ZONING OF MF-2 TO A PLANNED DEVELOPMENT ZONING DISTRICT ALLOWING LIGHT INDUSTRIAL USES AND ANY OTHER DISTRICT WHICH IS MORE RESTRICTIVE BY REASON OF LAND USE OR HEIGHT. REQUESTED BY THE RYAN COMPANIES FOR THE PROPERTY DESCRIBED AS TRACT 1 OF ABSTRACT 1570 IN AN MF-2 ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Dodd opened the public hearing with the following information from an Administrative memo. The applicant failed to follow the public hearing procedures. The sign company hired by the applicant placed the sign advertising the public hearing on the wrong property. The public hearings have been rescheduled for the October 11, 1982 Planning and Zoning meeting and the October 18, 1982 City Council meeting. The City Staff will readvertise the public hearings. No action is required at this time. Vol. 38, Page 6. ITEM NO. C.5-PUBLIC HEARING: CONSIDER REQUEST TO AMEND THE CITY'S ZONING ORDINANCE BY GRANTING A SPECIFIC USE PERMIT FOR A NON-DRIVE-IN RESTAURANT WITHOUT OUTSIDE SALES WINDOW. REQUESTED BY JACKSON MANUFACTURING, INC. FOR THE PROPERTY LOCATED AT M5 MCEWEN IN A LIGHT INDUSTRIAL ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Dodd opened the public hearing by giving the following infor- mation from an Administrative memo. The Planning and Zoning Commission at the September 20, 1982 meeting continued this public hearing to allow the applicant time to submit additional information relating to the proposed uses. The public hearing procedure requires that the Planning and Zoning Commision make a recommendation to the City Council before any action can be taken by the Council. Councilman Blair made a motion to continue the public hearing until the October 18, 1982 Council meeting. Councilman Weidinger seconded the motion with all members voting "aye". The motion carried unani- mously. ITEM NO. C.6-CONSIDER PUBLIC HEARING: CONSIDER REQUEST TO AMEND THE CITY'S ZONING ORDINANCE BY GRANTING A SPECIFIC USE PERMIT FOR A PRIVATE CLUB. REQUESTED BY JACKSON MANUFACTURING INC. FOR THE " PROPERTY LOCATED AT 4445 MCEWEN IN A LIGHT INDUSTRIAL ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Dodd opened the public hearing by giving the following infor- mation from an Administrative memo. The Planning and Zoning Commission at the September 20, 1982 meeting continued this public hearing to allow the applicant time to submit additional information relating to the proposed uses. The public hearing procdure requires that the Planning and Zoning Commission make a recommendation to the City Council before any action can be taken by the Council. Councilman Glancy made a motion to continue the the public hearing until the October 18, 1982 Council meeting. Councilman Weidinger seconded the motion with all members voting "aye". The motion carried unanimously. ITEM NO. C.7-PUBLIC HEARING: CONSIDER REQUEST TO AMEND THE CITY'S ZONING ORDINANCE BY GRANTING A SPECIFIC USE PERMIT FOR A NON-DRIVE-IN RESTAURANT WITH OUTSIDE SALES WINDOW. REQUESTED BY KIPS RESTAURANT FOR THE PROPERTY LOCATED AT 3330 BELTLINE ROAD IN A LIGHT INDUSTRIAL ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Dodd opened the public hearing by giving the following infor- mation from an Administrative memo. Kips Restaurant is requesting permission to install an outside sales window for drive-through ser- vice at the existing restaurant located at 3330 Beltline Road in a light industrial zoning district. Article 8, Section 114 of the City's Zoning Ordinance requires a specific use permit for a non- drive-in restaurant with outside sales window. Vol. 38, Page 7. The Planning and Zoning Commission recommends to the Council that the request be approved as submitted. Mayor Dodd recognized William Cornelius, of Cincinnati, Ohio, repre- senting Kips Restaurant. Mr. Cornelius stated that Kips Restaurants requested the specific use permit so that they could modify the building for a drive-in window. Mayor Dodd asked if there was anyone wishing to speak in favor of or in opposition to the request for specific use permit. No one spoke. Councilman Johnson made a motion to close the public hearing. Councilman Blair seconded the motion with all members voting "aye". The public hearing was closed. Councilman Johnson made a motion that the request for specific use permit be approved as submitted by adopting the following captioned Ordinance No. 1403: "An Ordinance Of The City Of Farmers Branch, Texas, Amending The Comprehensive Zoning Ordinance Of The City Of Farmers Branch, Texas, As Heretofore Amended, So As To Grant A Specific Use Permit For A Non-Drive-In Restaurant With Outside Sales Window In A Light Industrial Zoning District; Providing For Conditions Of Operation; Providing A Penalty Of Fine Not To Exceed The Sum Of Two Hundred Dollars ($200.00) For Each Offense; Providing A Severability Clause; Providing For Injunctive Relief; And Declaring An Emergency." Councilman Blair seconded the motion with all members voting "aye". The motion carried unanimously. THE CITY COUNCIL AGREED THAT THE PRESENTATION OF ITEMS NO. C.8, C.9 AND C.10 BE DISCUSSED AT THE SAME TIME AND VOTED ON SEPARATELY. ITEM NO. C.8-PUBLIC HEARING: CONSIDER REQUEST TO CHANGE THE ZONING ON A TRACT OF LAND 120' X 180' FROM ITS CURRENT ZONING OF PD-8 (LR-1) TO A PLANNED DEVELOPMENT ZONING DISTRICT ALLOWING A GASOLINE FUEL STATION USE. REQUESTED BY JOE LANCASTER FOR THE PROPERTY LOCATED AT THE SOUTHWEST CORNER OF JOSEY LANE AND VALLEY VIEW LANE IN THE PD- (LR-1 ) ZONING DISTRICT AND TAKE APPROPRIATE ACTION. ITEM NO. C.9-PUBLIC HEARING: CONSIDER REQUEST TO AMEND THE CITY'S ZONING ORDINANCE BY GRANTING A SPECIFIC USE PERMIT FOR A NON-DRIVE-IN RESTAURANT WITH OUTSIDE SALES WINDOW. REQUESTED BY JOE LANCASTER FOR THE PROPERTY LOCATED AT THE SOUTHWEST CORNER OF JOSEY LANE AND VALLEY VIEW LANE IN THE PD- (LR-1) ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Vol. 38, Page ITEM. NO. C.10-CONSIDER REQUEST FOR SITE PLAN APPROVAL. REQUESTED BY JOE LANCASTER FOR THE PROPERTY LOCATED AT THE SOUTHWEST CORNER OF JOSEY LANE AND VALLEY VIEW LANE IN THE PD-8 (LR-1) ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Dodd opened the public hearing on the items described in the above captions and gave the following information. Mr. Joe Lancaster is requesting to construct an Exxon self-service gasoline facility and a specific use permit for a non-drive-in restaurant to be operated by Wendy's International on the property located at the southwest corner of Josey Lane and Valley View Lane in the PD-8 (LR-1) zoning district. Gasoline facilities are not allowed in local retail zoning districts. The Planning and Zoning Commission recommended that the specific use permit for the non-drive-in restaurant be approved as submitted. Futher information given by Mayor Dodd included that Mr. Lancaster is requesting approval of an amendment to the approved site plan for the Farmers Branch Shopping Center. The new site plan indicates the pro- posed construction of Wendy's Restaurant and a gasoline fuel station. The Planning and Zoning Commission recommended that the site plan be approved with the following conditions: 1. A detailed landscape and irrigation plan be submitted and approved by the City Staff prior to permits being issued. 2. The proposed curb cut on Valley View Lane must be no closer than 100 ft. from the west curb line of Josey Lane. The City Staff recommended that the site plan be denied. Mayor Dodd asked if there was anyone in the audience wishing to speak in favor or in opposition to the requests. Mayor Dodd recognized Joe Lancaster, owner of Farmers Branch Shopping Center and president of Arcus Development Company. Mr. Lancaster gave a presentation on his requests covered by Item C.8, installing an Exxon gasoline facility; Item C.9, installing a Wendy's Restaurant; and Item C.10, amending the approved site plan for Farmers Branch Shopping Center. Mr. Lancaster explained that he planned to remodel the face of the Farmers Branch Shopping Center and landscape the surrounding area. Mayor Dodd recognized Mr. P. B. Turner, owner of Turner's Hardware in Farmers Branch Shopping Center. Mr. Turner stated that he supported Mr. Lancaster's requests. After no further comments from the audience, Councilman Johnson made a motion to close the public hearing. Councilman Weidinger seconded the motion with all members voting "aye". The public hearing was closed. Vol. 38, Page 9. There followed a discussion as to why there was a need for a service station in the shopping center when there were several service sta- tions in the immediate area. Councilman Johnson made a motion to deny the request for the service station at the southwest corner of Josey and Valley View. Councilman Blair seconded the motion with all members voting "aye". The motion carried unanimously. AT THIS POINT IN THE MEETING. MAYOR DODD ANNOUNCED THAT ITEM NO. D.1- "CONSIDER RESOLUTION NO. 2-017 AUTHORIZING THE ESTABLISHMENT OF THE FARMERS BRANCH HOUSING FINANCE CORPORATION AND TAKE APPROPRIATE ACTION" COULD NOT BE HEARD BECAUSE THE INDIVIDUALS FILING FOR AN APPLICATION TO ESTABLISH A HOUSING FINANCE CORPORATION HAD FAILED TO DO SO WITHIN THE SPECIFIED AMOUNT OF TIME. Mayor Dodd explained that he had made the announcement of Item D.1 at this time to keep people in the audience_interested in this item from having to stay late unneccesarily. Councilman Weidinger made a motion to discuss Item D.1 after Item C.8. Councilman Glancy seconded the motion with all members voting "aye". The motion carried unanimously. After a discussion, Councilman Blair made a motion to table Item D.1 until the October 18, 1982 Council meeting if there is an application filed. Councilman Glancy seconded the motion with all members voting "aye". The motion carried unanimously. MAYOR DODD STATED THAT ITEM C.9 CONSIDERATION WAS TO CONTINUE. There followed a discussion about the elevation of the Wendy's Restaurant and the landscaping agreement with the shopping center. Councilwoman Dingman made a motion that the request be approved as submitted by adopting the following captioned Ordinance No. 1404: "An Ordinance Of The City Of Farmers Branch, Texas, Amending The Comprehensive Zoning Ordinance Of The City Of Farmers Branch, Texas, As Herefore Amended, So As To Grant A Specific Use Permit For A Non-Drive-In Restaurant With Outside Sales Window In A PD-8 (LR-1) Zoning District; Providing A Penalty Of Fine Not To Exceed The Sum Of Two Hundred Dollars ($200.00) For Each Offense; Providing A Severability Clause; Providing For Injunctive Relief; And Declaring An Emergency". Councilman Glancy seconded the motion with Councilmembers Dingman, Glancy, Blair and Weidinger voting "aye" and Councilman Johnson voting "nay". The motion carried by a 4 to 1 vote. ITEM NO. C.10 CONSIDERATION. Vol. 38, Page 10. There followed a discussion concerning the landscaped areas, sub- mitting a detailed landscape plan and the proposed curb cut which would reduce the landscaped area. Mr. Lancaster requested that the Council consider approving the site plan with landscaping and to delete the service station. There was further discussion including the shopping center's previous owner having an agreement for a phased development landscape plan which still prevails and the alternate use of the southwest corner of Josey and Valley View. Councilwoman Dingman made a motion that Mr. Lancaster come back at the October 18, 1982 meeting with a site plan which reflects the Wendy's use with the landscaping that he has with that use and also does not reflect the service station and that he and the Staff try to come to some kind of an agreement on the landscaping and the Council discuss the landscape agreement at the next meeting. Councilman Johnson seconded the motion and asked to add an amendment to include alternate uses of the southwest corner of Josey and Valley View and that the agenda item be posted and advertised in such a way that would refer to the consideration of a possible amendment to the landscape and beauti- fication contract now in existence and take the appropriate action. Councilwoman Dingman accepted the amendment. After further discussion, the motion and amendment carried with all members voting "aye". Mayor Dodd recognized Mr. Mike Cotton, 5310 Keller Springs. Mr. Cotton questioned if the City was ready to landscape the area. Mayor Dodd replied that landscaping of this area was not a budgeted item but that the Council would take landscaping funds under consideration at the appropriate time. ITEM NO. C.11-PUBLIC HEARING FOR CITIZEN COMMENTS ON CITY CHARTER CHANGES AND TAKE APPROPRIATE ACTION. Mayor Dodd opened the public hearing by giving the following infor- mation from an Administrative memo. The City Council has called this public hearing to secure citizen's comments and proposal for changes in the City Charter. Mayor Dodd asked if there was anyone in the audience wishing to speak in opposition to the City Charter amendments. Mayor Dodd recognized Mr. Ray Flaherty, 13220 Challaburton. Mr. Flaherty stated that he had reviewed the proposed amendments to the City Charter by the Charter Revision Committee and that he would like to see the Charter Revision Committee meetings be open to the public. Vol. 38, Page 11. Mayor Dodd recognized Mr. Percy Pentecost, member of the Charter Revision Committee. Mr. Pentecost introduced other members of the Charter Revision Committee that were present, Marge James and Stan Ball. Councilman Weidinger made a motion to close the public hearing. Councilman Blair seconded the motion with all members voting "aye". The public hearing was closed. There followed a discussion concerning town hall meetings being held with the City Council and Charter Revision Committee, setting dates and advertising these meetings. Councilwoman Dingman suggested that the staff come back with an ordi- nance the last meeting in November to include revisions to the City Charter, advertise and present the revisions for election in January. Councilman Weidinger made a motion that the Mayor meet with the Chairman of the Charter Revision Committee and set up a date for a public hearing the last week in October, or at the latest, the first week in November, and properly advertise for this public hearing. Councilwoman Dingman seconded the motion with all members voting "aye". The motion carried unanimously. ITEM NO. C.12-PRESENTATION OF PETITION PROHIBITING TRUCK TRAFFIC ON VALWOOD PARKWAY AND TAKE APPROPRIATE ACTION. Mayor Dodd opened the discussion by giving the following information from an Administrative memo. This item has been placed on the agenda at the request of Mrs. Francis Sparkman, residing at 2500 Valwood Parkway. Mrs. Sparkman wishes to present a petition that prohibits truck traffic on Valwood Parkway. Mayor Dodd announced that Mrs. Sparkman sent a message to the Council that she was not ready to make her presentation to the Council. Councilman Weidinger made a motion to table the item until a later date. Councilman Johnson seconded the motion with all members voting "aye". The motion carried unanimously. ITEM NO. C.13-CONSIDER THE REQUEST OF MR. JOHN OECHSNER TO APPEAL THE DECISION OF THE HOUSING ADVISORY AND APPEALS BOARD AND TAKE APPROPRIATE ACTION. Mayor Dodd opened the discussion by giving the following informaton from an Administrative memo. Mr. John G. Oechsner is the owner of the residential structure located at 13024 Irondale. The structure was declared substandard after a Certificate of Occupancy was denied and the owner was notified to vacate the structure. The Housing Vol. 38, Page 12. Advisory and Appeals Board upheld the decision declaring the structure substandard and that it be vacated. The Minimum Housing Ordinance (Ordinance No. 1038) provides for decisions of the Housing Advisory and Appeals Board to be appealed to the City Council. Mr. Oechsner contends that the house is habitable, and is requesting the Council to over-rule the decision of the Housing Advisory and Appeals Board. The City Staff recommends to the Council that the decision of the Housing Advisory and Appeals Board be upheld. Mayor Dodd recognized Mr. John Oechsner, owner of the structure at 13024 Irondale. Mr. Oechsner was questioned by the Council as to the different aspects of the tenants living in the house on Irondale. There followed a discussion concerning the physical condition of the house. City Attorney, John Boyle, stated that all materials, pictures and attachments submitted to the Council are in record and before the City Council for their consideration in addition to the statements made by Mr. Oechsner. The City Council after reviewing the record before the Housing Advisory and Appeals Board and considering all information submitted to the City Council, Councilman Johnson does hereby move to sustain and approve the decision of the Housing Advisory and Appeals Board to order vacation of the structure located at 13024 Irondale. Councilman Blair seconded the motion with all members voting "aye". The motion carried unanimously. ITEM NO. C.14-CONSIDER RECOMMENDATION FROM THE PARKS AND RECREATION BOARD AND TAKE APPROPRIATE ACTION. Mayor Dodd opened the discussion by giving the following information from an Administrative memo. The Parks and Recreation Board had been asked by the Council to recommend park improvements, totaling $100,000.00 for the 1982-83 budget year. Lorraine Skamfer, Chairman of the Parks and Recreation Board, will present the recommendations of the Board, as approved at their September 16, 1982 meeting. Mayor Dodd recognized Lorraine Skamfer, Chairman of the Parks and Recreation Board. Mrs. Skamfer presented to the Council the Board's recommendation for expenditure of funds for park improvements for the 1982-83 fiscal year. Recommendations are: the amount of $70,000.00 for park equipment with upgrading picnic areas; the amount of $20,000.00 for bike pathway improvements including new areas; and, the amount of $10,000.00 for joint beautification ventures. There followed a discussion relating that each joint venture would be presented to the Council for contractual agreement for approval and C~ Vol. 38, Page 13. that the venture with the Farmers Branch Shopping Center could possibly be one to consider. Councilman Weidinger made a motion to approve the park improvements recommendation from the Parks and Recreation Board totaling $100,000.00. Councilman Johnson seconded the motion with all members voting "aye". The motion carried unanimously. ITEM NO. C.15-CONSIDER REQUEST FOR SITE PLAN APPROVAL. REQUESTED BY HARRIS-GRANT INV. BUILDERS FOR THE PROPERTY LOCATED AT 4801 SPRING VALLEY ROAD IN THE PD-27 LI) ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Dodd opened the discussion by giving the following information from an Administrative memo. This tract of land is located on the north side of Spring Valley Road west of Inwood Road. The site plan submitted by Harris-Grant Inv. Builders indicates the proposed construction of a combination of 2 story office and warehouse/showroom buildings. Site plan approval is required before building permits can be issued. The Planning and Zoning Commission recommends to the Council that the site plan be approved with the following conditions: 1. A detailed landscape and irrigation plan be submitted to the City Staff for approval prior to permits being issued. 2. One (1) additional fire hydrant be added at the northwest corner of Building "B". Mayor Dodd recognized Bill Grant, partner of Harris-Grant Inv. Builders. Mr. Grant stated that his company had no problems with complying with the two conditions recommended by the Planning and Zoning Commission. After a discussion, Councilman Johnson made a motion to approve the request for site plan at 4801 Spring Valley Road with the two con- ditions recommended by the Planning and Zoning Commission and that the final plat be approved before the issuance of building permits. Councilman Weidinger seconded the motion with all members voting "aye". The motion carried unanimously. ITEM NO. C.16-CONSIDER REQUEST FOR SITE PLAN APPROVAL. REQUESTED BY THE DALLAS CAR CARE CENTER FOR THE PROPERTY LOCATED AT 2931 VALLEY VIEW LANE IN THE PD (LR-2) ZONING DISTRICT AND TAKE APPROPRIATE nv11V1\ Mayor Dodd opened the discussion by giving the following information from an Administrative memo. On May 17, 1982, the City Council approved the site plan for the Dallas Car Care Center with the con- ditions recommended by the Planning and Zoning Commission. On May 24, Vol. 38, Page 14. 1982, the Planning and Zoning Commission approved the screening plan for the Dallas Car Care Center with the condition that a site plan indicating the proposed dental office building and the masonry fence be brought back before the Planning and Zoning Commission along with the Developer's Contract that includes a provision that the masonry fence be completely installed along the east property line within a two (2) year period. The applicant has submitted a new site plan and Developer's Contract indicating these conditions for approval. The Planning and Zoning Commission recommends to the Council that the site plan be approved with the condition that 1 additional parking space be added to the site plan (making a total of 15 spaces); however, the City Staff recommends that the site plan be denied because the appli- cant has not submitted a revised site plan indicating one (1) addi- tional parking space (15 spaces total) as recommended by the Planning and Zoning Commission. Mayor Dodd recognized Mr. Mike Cotton, owner of Dallas Car Care Center. Mr. Cotton stated that he had not understood that he would have to go back to the Planning and Zoning Commission to present the revised site plan indicating the one additional parking space. He stated that he had received a call the preceding Friday from the City Staff indicating that a Developer's Contract would have to be sub- mitted to the City before the Staff could recommend approval of the site plan. Mr. Cotton stated that he was not aware that a Developer's Contract was needed for the site plan. He stated that his original request was for a medical building facility, but that after plans had been drawn the facility would not adequately serve the tenant. Mr. Cotton then stated that he reduced the square footage of the building to 22,040 ft. to provide adequate parking and proposed a retail office use. Mayor Dodd recognized Ms. Judy Mathis, 3326 Arawak, Manager of the Valley View Central Shopping Center. Ms. Mathis stated that owners of the Valley View Central Shopping Center were J. 0. Smith, Jim Upfield and Lee Jarmon. She stated that the tenants in the shopping center already had problems with parking and due to specific problems with Mr. Cotton's property the parking problems had worsened. Ms. Mathis stated that Mr. Cotton's trash container was located on the shopping center's parking lot and that the tenants were inconvenienced by the dumping of the trash container because they had to move their parked vehicles. Ms. Mathis stated that the 13 cars that she had counted that morning parked on Mr. Cotton's property were actually parked on part of the shopping center's parking lot. She stated that more parking spaces needed to be added to the area, not another building. Ms. Mathis suggested that Mr. Cotton be required to build a fence bet- ween his property and the Valley View Central Shopping Center to keep his parking problems from inconveniencing the shopping center's tenants. Ms. Mathis stated that she was opposed to Mr. Cotton's request for site plan approval. Vol. 38, Page 15. Mayor Dodd recognized Joe Waters, author of building sites. Mr. Waters stated that the perly to accommodate a building. He stated the use of the building would be compatible Mr. Waters stated that he felt the building the residential area it backed up to due to in the residential area. He stated that Mr. parked on the shopping center property. Mr. opposed to the site plan being approved. the petitions opposing the lot was not shaped pro- that he did not feel that with the surrounding area. would be a fire hazard to the use of wooden shingles Cotton's, vehicles were Waters stated that he was There followed a discussion of the lot's size and the parking problems. Mayor Dodd stated that he was concerned about getting the wall constructed and Mr. Cotton's relationship with the other busi- nesses and the residents in the area. Councilman Weidinger made a motion that the site plan at 2931 Valley View Lane be denied. Councilman Johnson seconded the motion with all members voting "aye". The motion carried unanimously. ITEM NO. C.17-CONSIDER REQUEST FOR SITE PLAN APPROVAL. REQUESTED BY STEWCO DEVELOPMENT COMPANY FOR THE PROPERTY LOCATED AT 2412 RICHLAND IN THE PD-33 ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Dodd opened the discussion by giving the following information from an Administrative memo. Stewco Development is proposing to construct a 10,478 sq. ft. office/warehouse building on the property located at 2412 Richland Ave. Site plan approval is required before building permits can be issued. The Planning and Zoning Commission recommends to the Council that the site plan be approved with the con- dition that a detailed landscape and irrigation plan be submitted to the City Staff for approval prior to permits being issued. Mayor Dodd recognized Mr. Stacy Stewart, representative of Stewco Development, the Developer of this property. Mr. Stewart answered questions from the Council pertaining to the type of business proposed for the site and the use of the surrounding property. Mr. Stewart stated that a machine type shop was proposed for the property. Councilman Johnson made a motion to approve the request for site plan at 2412 Richland with the condition recommended by the Planning and Zoning Commission. Councilman Glancy seconded the motion with all members voting "aye". The motion carried unanimously. ITEM NO. C.18-CONSIDER REQUEST FOR SITE PLAN APPROVAL. REQUESTED BY S.H.W.C. ARCHITECTS FOR THE PROPERTY LOCATED AT THE SOUTHWEST CORNER OF VALLEY VIEW LANE AND TOM FIELD ROAD IN THE PD-26 0) ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Dodd opened the discussion by giving the following information from an Administrative memo. S.H.W.C. Architects, the applicant, has Vo. 38, Page 16. submitted a site plan for approval indicating the proposed construc- tion of two (2) two-story office buildings to be located at the suth- west corner of Valley View Lane and Tom Field Road. Site plan approval is required before building permits can be issued. The Planning and Zoning Commission by a 4 to 2 vote recommends to the City Council that the site plan be denied. Mayor Dodd recognized Mr. Larry Claycomb, representative of S.H.W.C. Mr. Claycomb stated that an office building was proposed for the 120 ft. x 200 ft. piece of property. He stated that S.H.W.C. proposed to build two glass and masonry buildings with 5,000 sq. ft. each. Mr. Claycomb requested that the Council reverse the Planning and Zoning Commission's decision and approve the site plan. There followed a discussion concerning the need for two separate buildings instead of one. The Council discussed the use of glass and masonry on the building. Mayor Dodd recognized Kathy Lawler, 2516 Leta Mae. Ms. Lawler questioned the impact of the buildings on the traffic at Valley View and Tom Field. The Council discussed the traffic situation and reviewed a memo from the Engineering Division stating that the development should not significantly increase the volume of traffic in the area. Councilwoman Dingman made a motion to approve the site plan at the southwest corner of Tom Field and Valley View as submitted. Councilman Weidinger seconded the motion with an amendment to add the following conditions: 1. The property be platted. 2. A detailed landscape and irrigation plan be submitted for approval prior to permits being issued. The amendment was accepted. Councilmembers Dingman, Weidinger, Glancy and Blair voted "aye". Councilman Johnson voted "nay". The motion carried by a 4 to 1 vote. ITEM NO. C.19-CONSIDER REQUEST BY CF-LBJ PROPERTIES FOR CONCEPT DEVELOPMENT PLAN APPROVAL OF TRACTS D AND F. Mayor Dodd opened the discussion by giving the following information from an Administrative memo. CF/LBJ Properties Tracts D and F are proposed office/hotel parks. The tracts of land are located south of IH635 (LBJ) and are as follows. Tract D is the property located south of IH635 right-of-way to Royal Lane and west of Luna Road to the Trinity River. Tract F is located south of IH635 right-of-way and Vol. 38, Page 17. continues south approximately four hundred feet (4001) and east of Luna Road. This property is located in the PD-22 (LI) zoning district. This property is being developed to incorporate office and hotel building sites into a large office park. This concept develop- ment plan is submitted in lieu of a specific site plan. The Developer anticipates that the property will be developed in phases, and that individual specific site plans will be submitted for each building site. A preliminary plat of the office park will be submitted as the next step in platting the property to create building sites. The con- cept development plan has been reviewed by the Engineering Division and satisfies the requirements for a concept development plan. The Planning and Zoning Commission recommends approval of this concept plan with the understanding that specific site plans will be required for each building site. Mayor Dodd recognized Mr. Mike Tucker, Development Officer for Cadillac-Fairview. Mr. Tucker displayed a drawing showing the concept plan and explained proposed plans for Tracts D and F. After a discussion concerning the future plans included in the concept plan, Councilman Weidinger made a motion to approve the concept plan with the understanding that specific site plans will be required for each building site. Councilman Blair seconded the motion with all members voting "aye". The motion carried unanimously. ITEM N0. C.20-CONSIDER A REQUEST BY YELLOW CHECKER TAXICAB COMPANY FOR AN EXCLUSIVE OPERATING FRANCHISE AND TAKE APPROPRIATE ACTION. Mayor Dodd opened the discussion by giving the following information from an Administrative memo. The Yellow Checker Taxicab Company has requested that Ordinance No. 1401, adopted September 13, 1982, be revised to provide them with an exclusive operating franchise within the city limits of Farmers Branch. Ordinance No. 1401 provides for the recognition of operated franchises from other Dallas County cities and allows other taxaicab companies to operate in Farmers Branch. The revision requested by Yellow Checker would prohibit any other taxicab company from picking up passengers in Farmers Branch. The City Staff recommends to the Council that the request be denied. Mayor Dodd recognized Mr. Garshasb Bigvand, owner of Yellow Checker Taxicab Company. Mr. Bigvand was available for questions by the Council. City Attorney, John Boyle, stated that the State Constitution and State Statutes prohibit any municipality from granting a monopoly for any franchise. After some discussion, Councilman Johnson made a motion that the request for an exclusive operating franchise for Yellow Checker Vol. 38, Page 18. Taxicab Company be denied. Councilman Weidinger seconded the motion with all members voting "aye". The motion carried unanimously. ITEM NO. C.21-CONSIDER A REQUEST FOR PURCHASE REFUSE SACKS AND TAKE APPROPRIATE ACTION. Mayor Dodd opened the discussion by giving the following information from an Administrative memo. Mr. R. K. Fairchild, representing Great Plains Bag Corporation, is present requesting that the City of Farmers Branch purchase an amount of refuse sacks. These sacks were manufac- tured in error by Great Plains in excess of the quantity ordered by the City in 1982. The City Staff recommends that these sacks not be purchased by the City. Mayor Dodd recognized Mr. Fairchild, Regional Sales Manager for Great Plains Bag Corporation. Mr. Fairchild stated that the Great Plains Bag Corporation had contracted to furnish the City of Farmers Branch with a specified 1,100,000 refuse sacks to be delivered in 1982, but that there was an overrun of 104,781 refuse sacks. He requested that the City purchase these sacks at the same unit price of $0.179 per sack and that delivery of these sacks would be in February 1983. Mayor Dodd recognized Mr. Bill Terrill, with the Great Plains Bag Converting Plant in Louisiana. Mr. Terrill explained the process of printing and manufacturing the sacks. There followed a discussion of the condition of the sacks after lengthy storage, the warranty of the sacks and the cost of the sacks. Councilman Johnson made a motion to offer 121120 per sack, the offer standing from 15 days from the date of the Council meeting and then expiring. Councilman Weidinger seconded the motion with Councilmembers Johnson, Weidinger and Blair voting "aye". Councilwoman Dingman and Councilman Glancy voted "nay". The motion carried by a vote of 3 to 2. ITEM NO. D.2-CONSIDER ORDINANCE NO. 1410 AUTHORIZING THE SALE OF $12500,Q00-00 IN CERTIFICATES OF OBLIGATION TO BE SOLD ON NOVEMBER 1 1982 AND TAKE APPROPRIATE ACTION. Mayor Dodd opened the discussion by giving the following information from an Administrative memo. The attached ordinance will authorize the sale of $1,500,000.00 in combination of General Obligation and Revenue Certificates of Obligation. The C.O.'s will be sold on November 1, 1982 by sealed bids and will be presented to the City Council on that date for their final consideration. The use of these funds were approved for the 1982-83 Capital Improvements Budget. The City Staff is asking permission to sell the C.O.'s at this time for the following major reasons: Vol. 38, Page 19. 1. All bonds and C.O.'s issued after December 31, 1982 are required to be registered which will add to the cost of the bonds or C.O.'s. 2. Interest rates currently are at an acceptable level and they are expected to increase after the November election and a further increase is anticipated after January 1, 1983 due to the return to the bond market by state low-income housing during the first quarter of 1983. 3. We would expect the City of Farmers Branch C.O.'s to sell for an interest rate below 9% based on the current market. The City Staff recommends to the Council that Ordinance #1410 be approved. Councilman Weidinger made a motion to adopt the following captioned Ordinance #1410: "An Ordinance Directing The Giving Of Notice Of Intention To Issue Not More Than $1,500,000 City Of Farmers Branch, Texas, Combination Tax And Revenue Certificates Of Obligation, Series 1982". Councilman Blair seconded the motion with Councilmembers Weidinger, Blair, Johnson and Glancy voting "aye". Councilwoman Dingman voted "nay". The motion carried by a 4 to 1 vote. ITEM NO. D.3-CONSIDER PURCHASE OF REPLACEMENT VEHICLE FOR THE POLICE DEPARTMENT. Mayor Dodd opened the discussion by giving the following information from an Administrative memo. This is a request for the adoption of a Resolution waiving the normal bidding process and authorizing the emergency purchase of a replacement vehicle for the Police Department. Waiving the normal bidding process eliminates the need to advertise in the newspaper for bids and the need to give a 14 day time period bet- ween the advertising and the bid opening. Purchase is to be made from the lowest bidder meeting specifications with one exception by lowest bidder of such a minimum consequence that bid should not be disre- garded. The need is for the emergency replacement vehicle destroyed in an accident. The City Staff recommends to the Council that Resolution No. 82-016 authorizing the emergency purchase of a 1983 Plymouth Gray Fury 4 Door Sedan from Fred Oakley Motors, Irving, Texas, in the amount of $8,881.00 be approved. Councilman Weidinger made a motion to adopt the following captioned Resolution No. 82-016: Vol. 38, Page 20. "A Resolution Finding That Due To Unforseen Damage To City Equipment, Mainly A Police Car, It Is Necessary In Order to Replace Said Police Car Immediately For The City Council To Waive The Advertising Requirements Of Art. 2368a, Tex. Rev. Civ. Stat. Stat. And Authorize The Purchase Of A Police Car As Noted In The Body Of The Resolution". Councilman Johnson seconded the motion with all members voting "aye". The motion carried unanimously. ITEM NO. D.4-CONSIDER ORDINANCE #1405 INCREASING WATER RATES AND TAKE APPROPRIATE ACTION. Mayor Dodd opened the discussion by giving the following information from an Administrative memo. The City Staff has received word from the City of Dallas that the City of Farmers Branch's water charges will be increased by approximately 60%. Ordinance #1405 will increase the water rates to the City of Farmers Branch citizens by approxi- mately 28%. The increase to the citizens will cover only the increased charges from the City of Dallas. The City Staff has had discussions with area cities who purchase water from the City of Dallas concerning the approach they will take with regards to this increase. Most of the cities are unsure; however, almost all antici- pate a rate increase will be required. The City Staff recommends to the City Council that Ordinance No. 1405 be approved. Councilman Blair made a motion to adopt the following captioned Ordinance No. 1405: "An Ordinance Of The City Of Farmers Branch, Texas Amending Section 1 Of Ordinance No. 1355, Setting Forth The Monthly Rates Or Charges For Service By The Water Works System Of The City For Various Types Of Residential Dwellings, Businesses Or Commercial Establishments, Or Combination Thereof When Such Combined Units Are To Be Charges Separately For Service; And Providing That All Other Portions Of Ordinance No. 1158, 1130 And 765 Shall Remain In Full Force And Effect". Councilman Johnson seconded the motion with all members voting "aye". The motion carried unanimously. ITEM NO. D.5-CONSIDER ORDINANCE NO. 1409 AUTHORIZING THE FILING OF PETITION WITH THE TEXAS WATER COMMISSION APPEALING THE WATER RATES ESTABLISHED BY THE CITY OF DALLAS AND TAKE APPROPRIATE ACTION. Mayor Dodd opened the discussion by giving the following information from an Administrative memo. The Dallas City Council has passed an ordinance increasing water rates to Customer Cities. The effect of that ordinance is to increase the rates which might be paid by Farmers Vol. 38, Page 21. Branch by approximately 60%. This 60% increase is over and above the rates which have already been found to be excessive. The additional cost to Farmers Branch is estimated to be $565,000 at this time. This additional cost will increase as water consumption increases. It is necessary that the Council take action giving the City Manager legal authority to direct the filing of a petition for a rate relief with the Texas Deparatment of Water Resources. Ordinance No. 1409 autho- rizes the City Manager to file such a petition. Councilman Weidinger made a motion to adopt the following captioned Ordinance No. 1409: "An Ordinance Of The City Council Of The City Of Farmers Branch, Texas, Authorizing The City Manager To File A Petition With The Texas Water Commission To Set Reasonable Rates, And Authorizing Employment Of Special Counsel To Aid The City In This Regard". Councilman Glancy seconded the motion with all members voting "aye". The motion carried unanimously. ITEM NO. D.6-CITIZEN PARTICIPATION. No one spoke. MAYOR DODD ANNOUNCED THAT THE ITEMS ON THE AGENDA FOR THE GENERAL SESSION HAVE BEEN CONCLUDED. AFTER A SHORT RECESS, THE MEETING WILL RECONVENE FOR ITEMS IN THE EXECUTIVE SESSION. THE MEETING WILL RECONVENE INTO GENERAL SESSION AFTER THE ITEMS HAVE BEEN DISCUSSED IN THE EXECUTIVE SESSION. ARTICLE 6252-17, SECTION 2 OF THE OPEN MEETING LAW PROVIDES THAT SUCH ITEMS AS PERSONNEL MATTERS, LAND ACQUISITION AND PENDING AND CONTEMPLATED LITIGATION MAY BE DISCUSSED IN CLOSED SESSION. AGENDA ITEM NO. E.1-EXECUTIVE SESSION. a. Discuss Personnel Matters Appointments to Advisory Boards were discussed. b. Discuss Land Acquisition Possible purchase of building for maintenance facility was discussed. C. Discuss Pending and Contemplated Litigation No discussion. Vol. 38, Page 22. THE COUNCIL RECONVENED INTO GENERAL SESSION. AGENDA ITEM NO. E.2-CONSIDER NECESSARY ACTION ON PERSONNEL MATTERS DISCUSSED IN THE EXECUTIVE SESSION. Councilman Blair made a motion to appoint Rob Hudson to be an alter- nate to the Zoning Board of Adjustment and the Building Board Code of Appeals if such a position were to open. Councilman Johnson seconded the motion with all members voting "aye". The motion carried unani- mously. Councilman Glancy made a motion to appoint Margaret Bell Young, reap- point Doug Abbott and reappoint Barney Wood to the Parks and Recreation Board. Councilman Blair seconded the motion with all mem- bers voting "aye" with the exception of Councilman Weidinger who abstained. The motion carried. AGENDA ITEM NO. E.3-CONSIDER NECESSARY ACTION ON LAND ACQUISITION DISCUSSED IN THE EXECUTIVE SESSION. No action necessary. AGENDA ITEM NO. E.4-CONSIDER NECESSARY ACTION IN PENDING AND CONTEMPLATED LITIGATION DISCUSSED IN THE EXECUTIVE SESSION. No action necessary. AGENDA ITEM NO. F.1-ADJOURNMENT. Councilman Johnson made a motion to adjourn the meeting. Councilman Blair seconded the motion with all members voting "aye". The motion carried. The meeting of October 4, 1982 was adjourned at 12:25 P.M. i City cretary Vol. 38, Page 23.